NC0071528_Remission Request (LM-2023-0024)_20230906

September 6, 2023
Mr. Andrew H. Pitner, P. G., Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Subject: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0071528
Lake Norman Woods Homeowners Association
Lake Norman Woods WWTP
Case No. LM-2023-0024
Catawba County
Mr. Pitner,
Thank you for allowing the Lake Norman Woods HOA the opportunity to respond to this Notice of Violation
dated August 15, 2023; received August 22, 2023. This response pertains to the (3) frequency violations for total
residual chlorine and flow, (1) BOD daily maximum exceedance, (1) N113N daily maximum exceedance, and (1)
subsequent NH3N monthly average exceedance events that occurred during the May 2023 monitoring period.
The BOD and NH3N exceedances were caused by various complications with plant infrastructure that have
adversely affected the plant's operations at the time that these violations occurred. The NH3N exceedances were
caused by various complications with WWTP's air system that have adversely affected the plant's operations at
the time that these violations occurred.
Gopher Utilities modified the pulley ratio on the blowers to support air addition at the plant until the permanent
repairs are completed in October. We are observing the performance of the blowers to see if this change helps.
Operators have increased the RPMs as well as air flow output to allow for greater turnover in the tanks, in
addition to brushing down the walls of the aeration basin and agitating the bottom of the basin to bring settled
solids from the anoxic zone back up to the aeration basin for treatment. Reconstruction of the air head at the
WWTP are scheduled to begin at any time during late -September to mid -October 2023 (see schedule below). In
addition, an engineer will arrive on -site September 21` to evaluate the plant and review the construction schedule
(and recommend any adjustments to the schedule if necessary) in preparation for the upcoming repairs. This
procedure will cost an additional $1,500.
Construction Schedule and Total Cost of Travel, Labor, and Materials for Replacement of the Air Header at the
Lake Norman Woods WWTP:
+ Replace air head on WWTP including new galvanized header and stainless steel drops - $17,495.79
a Replace existing return piping with new schedule 80 PVC to head of plant - $2,675.00
TOTAL: $20,170.79
Frequency Violations for Total Residual Chlorine (TRC) for the weeks ending 5/20/2023 and 5/27/2023; as well
as for Flow for the week ending 5/27/2023 were due to a reporting error that has since been corrected through
amendment of the eDMR. TRC samples during these weeks were collected on 5/17, 5/18, 5/24, and 5/26. Flow
was collected on 5/23, 6/1, and 6/2.

As a small community association, it is very expensive for us to make such repairs. We believe that the Lake
Norman Woods HOA and WWTP operational staff have responded to these issues to the best of our ability and in
good faith. We are confident that upon completion of the reconstruction efforts that effluent quality will be greatly
improved. It is always our goal to remain in compliance with regulations set forth by the North Carolina Division
of Water Resources. In the event of considering financial enforcement, we request that the Division take this
factor into account when proceeding with enforcement.
Sincerely,
Dale Norman
Lake Norman Woods HOA
CC:
Todd Robinson, Envirolink, Inc.
Josh Powers, Envirolink, Inc.

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2023-0024 County: Catawba
Assessed Party: Lake Norman Woods Homeowners Association
Permit No.: NC0071528 Amount Assessed: $1,895.53
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please'check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences),
X (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
X (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
The BOD and NH3N exceedances were caused by various complications with plant infrastructure that have adversely affected the
plant's operations at the time that these violations occurred. The NH3N exceedances were caused by various complications with
WWTP's air system that have adversely affected the plant's operations at the time that these violations occurred.
Gopher Utilities modified the pulley ratio on the blowers to support air addition at the plant until the permanent repairs are
completed in October. We are observing the performance of the blowers to see if this change helps. Operators have increased the
RPMs as well as air flow output to allow for greater turnover in the tanks, in addition to brushing down the walls of the aeration
basin and agitating the bottom of the basin to bring settled solids from the anoxic zone back up to the aeration basin for treatment.
Reconstruction of the air head at the WWTP are scheduled to begin at any time during late -September to mid -October 2023 (see
schedule below). In addition, an engineer will arrive on -site September 21St to evaluate the plant and review the construction
schedule (and recommend any adjustments to the schedule if necessary) in preparation for the upcoming repairs. This procedure will
cost an additional $1,500. Replacement of the air head on WWTP and the installation of anew galvanized header and stainless steel
drop, and replace the existing return piping with new schedule 80 PVC to head of plant will cost $20,170.79.
Frequency Violations for Total Residual Chlorine (TRC) for the weeks ending 5/20/2023 and 5/27/2023; as well as for Flow for the
week ending 5/27/2023 were due to a reporting error that has since been corrected through amendment of the eDMR. TRC samples
during these weeks were collected on 5/17, 5/18, 5/24, and 5/26. Flow was collected on 5/23, 6/1, and 6/2.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CATAWBA
1N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Lake Norman Woods Homeowners Association )
Lake Norman Woods WWTP 1
PERMIT NO. NCO071528 ) CASE NO. LM-2023-0024
Having been assessed civil penalties totaling $1,895.53 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 15, 2023, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the 6th day of September , 2023 __
SIGNATURE
ADDRESS
Lake Norman Woods HOA
PO Box 445
Shierrills Ford, NC 28673
TELEPHONE
336 972-3212

ATTACHMENT A
Lake Norman Woods Homeowners Association
CASE NUMBER: LM-2023-0024
PERMIT: NCO071528
FACILITY: Lake Norman Woods WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Mooresville
COUNTY: Catawba
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
Month/Yr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
5/10/2023
5-2023
BOD, 5-Day (20 Deg.
Weekly
mg/1
22.50
29.6
31.6
Daily
$325.00
C) - Concentration
Maximum
Exceeded
5/25/2023
5-2023
Nitrogen, Ammonia
Weekly
mg/1
20
25.42
27.1
Daily
$325.00
Total (as N) -
Maximum
Concentration
Exceeded
5/31/2023
5-2023
Nitrogen, Ammonia
Weekly
mg/I
4
15.12
278.0
Monthly
$1,062.50
Total (as N) -
Average
Concentration
Exceeded
MONITORING VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation
Report
Unit of
Limit Calculated % Over Violation
Penalty
Date
Month/Yr
Parameter
Frequency
Measure
Value Value Limit Type
Amount
5/20/2023
5-2023
Chlorine, Total
2 X week
ug/I
Frequency
$0.00
Residual
Violation
5/27/2023
5-2023
Chlorine, Total
2 X week
ug/1
Frequency
$0.00
Residual
Violation
5/27/2023
5-2023
Flow, in conduit or thru
Weekly
mgd
Frequency
$0.00
treatment plant
Violation